Sounds like those who wanted to keep the RR from returning to Creede, Colorado have lost:

• Union Pacific Railroad Company--Abandonment Exemption--in Rio Grande and Mineral Counties, CO, STB Docket No. AB-33 (Sub-No. 132X).

At issue is a petition by Concerned Citizens for an oral hearing and a petition requesting that the STB reopen its prior decisions in this case in which the agency authorized "Union Pacific's" sale, to the Denver & Rio Grande Railway Historical Foundation, under an offer of financial assistance (a financial offer to purchase a line or subsidize operations for the purpose of preserving service after the agency has approved a rail-line abandonment or service-discontinuance proposal), of a 21.6-mile line, known as the Creede Branch, in Rio Grande and Mineral Counties, CO.

The Board voted, 3 to 0, to deny the request for an oral hearing and the petition requesting reopening of the STB's prior decisions in this case.


• City of Creede, CO--Petition for Declaratory Order, STB Finance Docket No. 34376.

This proceeding involves the STB's response to a petition for a declaratory order filed by the City of Creede, CO (the City), pursuant to an order of the U.S. District Court for the District of Colorado (U.S. District Court) referring to the STB questions related to the issue of federal preemption of the City's zoning laws, as applied to the railroad right-of-way (ROW), for a Denver & Rio Grande Railway Historical Foundation (D&RGHF) rail line.

The Board voted, 3 to 0, to respond to the U.S. District Court that the D&RGHF needs the full width of its ROW in the City for railroad purposes, and that the City's zoning ordinances are preempted under 49 U.S.C. 10501(b).

More here:
http://www.ngdiscussion.net/cgi-bin/NGD ... read=58757